Decision No. 11-C-A-2022

[1] Miryam Nunez purchased tickets for a return flight from Montréal, Quebec, to Kyiv, Ukraine, with UIA. When she arrived in Kyiv on September 17, 2019, one pieceof her checked baggage was missing. It was delivered three and a half days later.

[2] While she was waiting for her piece of baggage, Ms. Nunez purchased a number of replacement items, including clothes, personal items and a SIM card, for which she seeks a total amount of UAH 1,452.84, or CAD 77.64, in compensation.

[3] On September 25, 2019, when Ms. Nunez was boarding her return flight at the airport in Kyiv, UIA employees found that the dimensions of Ms. Nunez’s carry-on baggage exceeded the maximum dimensions allowed. UIA charged Ms. Nunez an additional UAH 3,528, or CAD 193.08, which she seeks to have reimbursed.

[4] The Agency’s jurisdiction in an air travel complaint involves examining whether the carrier properly applied the terms and conditions of carriage set out in its tariff. The relevant provisions from UIA’s Tariff are set out in the Appendix. If the Agency finds that the carrier did not properly apply the terms and conditions of carriage set out in its tariff, it may direct the carrier to take the corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the carrier’s failure to properly apply the terms and conditions of carriage set out in its tariff.

BAGGAGE FEES

[5] Rule 55(C) of the Tariff provides that the maximum dimensions of a piece of carry-on baggage should not exceed 55 cm in height, 35 cm in length and 20 cm in width. The Agency notes that, based on the photographs Ms. Nunez filed as evidence, the width of her carry-on baggage was at least 2 cm wider than the maximum 20 cm prescribed in the Tariff.

[6] Attachment 1 of the Tariff provides for a CAD 205 penalty for any baggage that exceeds the maximum dimensions allowed. The Agency finds that UIA properly applied the terms and conditions set out in its Tariff when it imposed an additional UAH 3,528.

[7] The Agency notes that, according to Ms. Nunez, her baggage fit in the baggage measuring device used by UIA. UIA explains that the dimensions of its baggage measuring device are larger than the maximum dimensions set out in its Tariff. As beneficial as the use of such devices can be, a difference between device dimensions and tariff dimensions can create confusion and uncertainty, and affect passengers. The Agency encourages UIA to clarify this practice, which resulted in a regrettable and unexpected situation for Ms. Nunez.

BAGGAGE DELAY

[8] Rule 121 of UIA’s Tariff states that the carrier is liable for damages resulting from the delay of checked baggage. As UIA did not compensate Ms. Nunez for her expenses and they are reasonable, the Agency finds that UIA did not properly apply the terms and conditions set out in Rule 121 of its Tariff.

ORDER

[9] Pursuant to subsection 113.1(1), the Agency orders UIA to pay Ms. Nunez compensation in the amount of CAD 77.64. The Agency notes, however, that UIA offered to pay Ms. Nunez USD 50 (or CAD 66.29 on September 17, 2019) in compensation and that Ms. Nunez accepted this offer. If this amount has already been paid, the Agency orders UIA to pay Ms. Nunez CAD 11.35, which is the difference between the two amounts. If the USD 50 has not yet been paid, the Agency orders UIA to pay Ms. Nunez CAD 77.64 in compensation.
 

APPENDIX TO DECISION NO. 11-C-A-2022

Tariff Containing Rules Applicable to Scheduled Services for the Transportation of Passengers and their Baggage Between Points to/from Canada (Toronto), CTA No. 1

RULE 55 – TICKETS

…

…

ATTACHMENT 1. APPLICABLE CARRIER’S CHARGES/FEES

…

…

Air Transportation Regulations, SOR/88-58 (ATR)

Subsection 110(4) of the ATR requires that a carrier operating an international service apply the terms and conditions of carriage specified in its tariff.

If the Agency finds that a carrier has failed to properly apply its tariff, subsection 113.1(1) of the ATR empowers the Agency to direct the carrier to:

(a) take the corrective measures that the Agency considers appropriate; and

(b) pay compensation for any expense incurred by a person adversely affected by its failure to apply the fares, rates, charges or terms and
     conditions that are applicable to the service it offers and that were set out in the tariff.